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Commissioners not liable for Damage arising to Lands, &c. from Insufficiency of Embankments, &c. unless Notice previously given.
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CXLIV. And be it enacted, That nothing herein contained shall be construed to render the said Commissioners or Trustees respectively liable for any consequential Damages which may happen to any Land or other Property through or by the accidental overflowing of any River, Stream or Watercourse, or by the sudden breaking of any Bunk, Dam, or Sluice whatsoever, which, under the Provisions of this Act, the said Commissioners or Trustees may take upon them the Duty of regulating or maintaining: Provided nevertheless, that if the Owner or Occupier of such Land shall have given Notice in Writing to the said Commissioners, or to One of such Trustees, warning them or him of the Probability of such Damage, or the Weakness and Deficiency of any such Bank, Dam, or Sluice, and requiring them or him to strengthen, amend, and repair the same, and the said Commissioners or Trustees (as the Case may be) shall not, within Seven Days next after the Delivery of such Notice, take proper Precautions to prevent the same, then and in such Case the Amount of all consequential Damages which shall happen through Neglect thereof shall be made good out of the Rates to be levied by the said Commissioners or Trustees under this Act.
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